What Is Charlotte Workers’ Compensation Law

July 21, 2017

Workers’ Compensation benefits can be crucial to individuals who have suffered a workplace injury. Ted A. Greves and Associates helps clients that have been injured while on the job. These injuries can sometimes cause the worker to lose their weekly pay. Some workers do not have personal health insurance to cover for the injury. Workers’ compensation insurance from the employer should cover an employee’s injuries if hurt on the job. When individuals are involved in workplace accidents and they sustain injuries, they could be unable to immediately return to work. In some circumstances, they may not even be able to return to the job permanently or for an extended period of time. The injured worker should be entitled to benefits during that time. Some employers attempt to deny benefits, and state that your injury was not related to work. Our experienced Charlotte workers’ compensation lawyers work to prove the extent of our client’s injuries and to prove the relationship between the injury and the workplace.

Workplace injuries can be vast, and can happen in many different scenarios. Some of the types of workplace injuries are torn rotator cuffs, or repetitive injuries that are sustained over time, like carpal tunnel syndrome. Other common injuries on the job are back and neck injuries, knee and shoulder injuries, and cervical injuries. Reflex Sympathetic Dystrophy (RSD) is also a common injury that is work related. Occupational injuries such as Asbestos exposure from many years of the same working conditions, are also common workers’ compensation injuries. Our group of North Carolina workers’ compensation attorneys have dealt with a wide range of workplace injury claims. We are knowledgeable and up to date on all state laws pertaining to workers’ compensation.

There are two types of injuries and diseases that are compensable under the state laws of North Carolina. The main type of injury is one caused by an accident. Not all injuries that happen within the workplace are compensable. Most people assume that if they are hurt while at work, regardless of how the accident occurred, that they should be entitled to compensation. This is not the case. If an individual is doing their regular work at their job in the usual manner, and they hurt themselves, they are not eligible for workers’ compensation benefits. An accident, unusual event or something outside of the normal must occur for an injury to be compensable. The other type of workplace injury is an occupational disease. An occupational disease is one that is caused by an employee’s employment and the type of job, and workplace conditions leave the employee at a higher risk of developing a disease. An example of an occupational disease would be carpal tunnel syndrome, where the worker is using their hands and wrists over and over again in their daily job. Chemicals, dusts and toxins that are present in the workplace can raise the risk of a worker developing diseases like silicosis, asbestosis, asthma and dermatitis.

Workers’ compensation is established to pay medical costs, and provide compensation to the injured worker for their lost wages without regard to negligence or fault. Workers’ compensation is not a system built to place blame on either the employee or the employer. The main concern is that the injured worker get the medical attention needed and is compensated for their lost wages incurred because of their injury. Employers may be forced to pay an additional ten percent penalty if the workplace injury was caused by the willful failure of the employer to comply with OSHA regulations and other statutory requirements. This also works in the opposite manner. If an employee willfully failed to use a safety appliance or perform a statutory duty and was injured, their benefits can decrease by 10 percent. There are only a couple instances where an employee can be denied benefits because of negligence or fault. One, if the employer can prove that the injured worker was intoxicated and the accident was due to the worker’s intoxication. A failed drug or alcohol test will not be enough proof. Second, benefits can be denied when a worker is injured or killed while purposely trying to hurt or kill themselves or others.

Benefits that injured employees are entitled to come in two forms, medical benefits and weekly monetary benefits for their missed time from work. When a workers’ compensation claim is accepted and the employer is paying for the medical treatment, they are allowed to have you see a doctor of their choice. Medical benefits include prescription medications, medical supplies, mileage incurred in going to medical offices, and anything else that is intended to help the injured worker recover. The weekly monetary benefits are paid to the injured employee when they are unable to return to work. These weekly payments occur for the amount of time the physician has restricted the employee from returning to their job. The North Carolina workers’ compensation system does not allow for any damages like pain and suffering to be awarded to injured workers. So anything outside of lost wages and medical costs is out of the workers’ compensation realm.

Our North Carolina workers’ compensation attorneys at Ted A. Greve and Associates, are here to help guide you through the worker’s compensation process. We have helped many other injured North Carolina workers seek compensation for their workplace injuries. Our legal team takes a personalized approach for each and every one of our clients. At Ted A. Greve and Associates, you will always be treated as an individual, not just a case number. Our skilled workers’ compensation lawyers are experienced in dealing with large insurance companies, and we will fight for your rights to ensure the compensation you are awarded is fair and just. If you or a loved one was recently injured while on the job, please call our office today. One of our workers’ compensation attorneys is waiting to answer any of your workers’ compensation questions, help you file a claim, or help you to pursue an already denied claim.

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